Collection agencies permitted to do business within North Carolina must not engage in certain types of conduct when attempting to collect debt. Among the proscribed actions is “unreasonable publication” of a person’s debt. If the collection agency illegally communicates your debt to a third party, you may have a claim for damages under the North Carolina’s fair debt collection laws. The Raleigh civil attorneys of Maginnis Law can assist you in recovering compensation for the violations. To speak with one of our lawyers, call our office at 919.480.8526 or 919.526.0450.
Under N.C.G.S. § 58-70-105, collection agencies are not permitted to discuss your debt with any party except the following:
(1) Persons who you have given the collection agency permission to speak with;
(2) Persons employed by the collection agency, persons employed to collect the debt, persons making a request for the information, or a credit reporting agency;
(3) Your spouse or a parent (if you are a minor);
(4) Someone assisting with providing your location; or
(5) Someone involved in a civil lawsuit (e.g. the creditor’s attorney).
For each violation, you may recover actual damages, as well as, a statutory penalty of anywhere from $500.00 to $4,000.00. The exact amount of your compensation is in the judge’s discretion and largely depends upon how egregious the debt collector’s actions were. In many cases, a settlement agreement may be reached without going all the way to trial.
Maginnis Law offers free consultations to all potential clients considering claims under unfair debt collection statutes and we handle such matters on a contingency basis. This means that you do not pay any attorneys’ fees until we resolve your case.
The law firm of Maginnis Law regularly represents clients in and around the Triangle area, including: Raleigh, Durham, Cary, Chapel Hill, Apex, Morrisville, and Fayetteville. If a collection agency has wrongly discussed your debt with a third party, and you are considering a claim for unfair publication, contact Maginnis Law at 919.480.8526 or 919.526.0450.